From the Dover Express and East Kent News, Friday, 28 August, 1891. Price 1d.
DOVER LICENSING SESSIONS
The annual sitting of the Dover Magistrates forming the Licensing
Committee for the Borough was held on Monday in the Sessions House,
Dover, when there were on the Bench the mayor (Alderman Adcock), Sir
Richard Dickeson, Dr. Astley, J. L. Bradley, T. V. Brown, M. Pepper, and
G. E. Toomer, Esqrs.
Owing to the great interest which has been manifested in the Licensing
Question in Parliament, the Press, and the country generally, as well as
on account of the special action taken by the Dover Temperance Council
in the matter, the Court was crowded, the seats, which at the Sessions
are occupied by the Jury, were, on this occasion, filled by members of
the Dover Temperance Council, amongst whom were the Rev. A. Howell
Smith, Mrs. Howell Smith, Miss Maddicks, Colonel Smythe, General Heath,
and the Rev. Mr. Evill. The seats reserved for professional men were
also fully occupied, amongst those present being Mr. Mark Knowles,
instructed by Mr. Montague Bradley on behalf of the Temperance Council,
Mr. Martyn Mowll, Mr. Woolaston Knocker (Town Clerk), Mr. J. Minter
(Folkestone), and Mr. Armstrong, a London Solicitor.
The first part of the proceedings on these annual licensing days is to
call over the names of the houses, and grant the licenses as a matter of
course in cases where there are no objections, and the Court was about
to proceed with the usual routine when:-
THE ADVOCATE OF THE TEMPERANCE PARTY INTERVENED.
Mr. Mark Knowles: may it please your Worship, I attend here by the
instructions –
The Mayor: We will take the renewals first. We propose to renew the
existing licenses of the borough first –
Mr. Mark Knocker: That is just why I wish at this stage, without
occupying your time, to present a petition upon that very subject. It is
a petition signed by 2290 women of Dover against –
The Mayor: Are you going to prove it on oath?
Mr. Mark Knowles: I propose to use it as evidence, and to call witnesses
to prove it –
The Mayor: I wish you to tell us for what purpose you wish to use it.
Mr. Mark Knowles: In the first place I propose to use it against the
renewal of the licenses of the seven houses of which we have given
notice.
The Magistrates' Clerk: They will be dealt with presently.
The Mayor: You had better wait till they come on.
Mr. Mark Knowles: But I wish indirectly to use the petition on the
general question of renewals, and to ask the Bench if they cannot do
something to reduce the number of the houses. It is within your
Worship's power, if anything should turn up at these Sessions, to
adjourn the cases to Broadstairs and give notice –
The Mayor: I think I must ask you to sit down at present, so that we may
take the business in due order, which is, first, to consider the
renewals.
Mr. Mark Knowles: I should like to mention –
The Mayor: We will proceed in the usual way.
The Magistrates' Clerk: I will read the names of the occupiers of the
different houses; they will answer to their names, and they may obtain
their licenses in the next room.
The reading of the list was then commenced, but before the process had
long been continued, the Mayor consulted with his colleagues, and then
he proceeded to make public.
A MOST IMPORTANT RESOLUTION
The Mayor, addressing the Court generally said: I may say, before
proceeding further with the renewal of the existing licenses, that the
Magistrates have had under consideration what they consider the large
excess of public-houses in the borough, the excess over the actual
requirements, and although they do not intend to take any action this
year, except with regard to the houses the licenses of which are
opposed, and the owners of which have had regular notice to attend here
to-day, yet they have passed this resolution:-
“It is resolved that at the annual licensing meeting to be held on the
24th instant, the Chairman of the meeting do state publicly that the
Licensing Justices consider that the number of licensed houses in the
following district is larger than adequate for the due requirements of
such districts, and that, unless the number of licensed houses in such
districts be reduced before the annual licensing meeting to be held in
1892, the Licensing Justices will then take steps with a view to such
reduction, namely, the Pier district west of the London, Chatham and
Dover Railway Station, Strond Street, Commercial Quay, Snargate Street,
London Road, High Street, Bridge Street, Peter Street, and Charlton
Green.”
The effect of this will be, that the Magistrates having come to the
conclusion that there are a great many public-houses in certain
districts which are of very little benefit to the owners, the tenants,
or the public, and if some of these houses are not suppressed before the
next licensing day, the Magistrates will have to carry out a resolution
at which they arrived the other day.
Mr. Mark Knowles: Will the Magistrates signify to what extent they will
be prepared to go? At Bath of Saturday –
The Mayor: We will now go on with the business.
Mr. Mark Knowles: If the Magistrates would give some idea of what they
propose to do. At Bath on Saturday, the magistrates intimated that 25
per cent –
The Mayor: I must ask you to sit down.
Mr. Mark Knowles: Oh certainly.
The routine reading of the names was then continued, broken at intervals
by the mention of
SPECIAL CASES
THE SPORTSMAN
This stood over, notice of objection having been lodged in the name of
the Temperance Council.
THE WHEATSHEAF
The occupier of this house, who had been fined during the year for
serving a policeman with liquor, while on duty, was called up and
cautioned.
THE BOWLING GREEN TAVERN
Objection to the renewal of this licence having been lodged by the
Temperance Council, it stood over.
THE IMPERIAL HOTEL
Mr. Woolaston Knocker applied for the renewal of the license for this
unused hotel, and it was granted.
ANOTHER CAUTION
J. V. Duggins was called up, and cautioned, he having been convicted and
fined for supplying liquor to a drunken person.
THE SCENE OF THE FIRE
On the name of the “White Hart Inn” being called, the Superintendent of
the Police mentioned that it was at present unoccupied, but on the
application of Mr. Mowll, the license was renewed.
THE DUKE OF CAMBRIDGE
The renewal of this license was objected to by the Temperance Council,
and it stood out of the ordinary list.
THE FLOWN HORSE
On the name of the “Flying Horse,” King Street, being called, the
Magistrates' Clerk mentioned that the house had been purchased by the
Government for the site of a post office, hence there was no application
for the renewal of this license.
THREE ENDORSED LICENSES
Objections being taken to the “Mariners' Arms,” (otherwise known as the
Khedive), both by the Watch Committee and the Temperance Party, it stood
over till the end, as did also the “Marquis of Waterford” for the same
reason, and the “Northampton Arms.”
ANOTHER TEMPERANCE OBJECTION
When the “Mitre Tavern” was reached in the list, that was singled out,
having been objected to by the Temperance Council.
THE PAVILION
No application was made for the renewal of the license of the “Pavilion
Tavern,” but it being known to the magistrates that the owner, Mr. J. T.
Drake, had recently died, the case was adjourned to Broadstairs to
establish the widow to take such steps as she might be advised in the
matter.
THE RAILWAY BELL
A new tenant, T. Allchin, having been put in this house, Mr. Mowll
applied for the license to be granted in his name, under the ruling in
the case Regina v. the Liverpool Justices, and the license was granted.
THE ROSE AND CROWN
The owner of this house was summoned on the 13th of March, 1891, charged
with serving liquor to a drunken person, but the case was dismissed,
nevertheless, the owner was called up and cautioned to be more careful
in the future.
[Sotto Voce In law, "sotto voce" on a transcript indicates a
conversation heard below the hearing of the court reporter. (from the
Solicitor's Bench), not guilty, but don't do it again!]
THE ALBION
A question was asked by a Magistrate about the transfer of the license
of this house, but nothing arose out of it, and the license was renewed.
NO ANSWER
The names of John Clark and J. M. Smith, holders of licenses for the
sale of British wines, were not answered to, and at the end they were
repeated with the same result.
THE TEMPERANCE OPPOSITION
The Magistrates' Clerk said the Magistrates would next proceed to
consider the objections to the houses standing over, and would commence
with
THE SPORTSMAN
Mr. Mark Knowles: May it please your Worships: I appear, instructed by
Mr. Montague Bradley, to oppose in this case; to oppose on the ground
that the license is not wanted. But, before doing so, I wish first of
all to put in this petition from the women of Dover. At this stage it
will not be required to be proved, therefore, without occupying your
time further on this point, I will just hand it in.
The Mayor: The Magistrates consider that this is quite irrelevant. The
magistrates have announced their decision on the general question of
public houses in Dover, and do not wish that part of the question to be
re-opened.
Mr. Mark Knowles: I do not propose to re-open it, and I will not occupy
your Worship's time after the brusque way you have dealt with me. I
simply wished to offer my client's protest amongst the large number of
public houses in Dover, but I have no wish to irritate the Magistrates
at all.
The Mayor: Then we will proceed.
Mr. Mark Knocker: But in other places there has been an idea given of
the extent to which the Magistrates intend to carry their refusal of
licenses in the future. At Bath on Saturday the Magistrates foreshadowed
in some districts a reduction of 25 per cent.
The Mayor: The magistrates are not prepared to give any such
information.
Mr. Mark Knowles: Then I will not carry that part further, but probably
you will accept this evidence as being applicable to the whole of the
houses that we ask to be suppressed.
The Mayor: Understand be clearly; we are prepared to deal with these
houses seriatim, (Seriatim (Latin for "in series") is a legal term
typically used to indicate that a court is addressing multiple issues in
a certain order, such as the order that the issues were originally
presented to the court) and your remarks must be applied to this one
especially, and not to the general question of the number of public
houses in the borough.
Mr. Mark Knocker: Beyond the question of the number of these houses, I
wish to call attention to the changes in the ownership of these houses.
Mr. Martyn Mowll: Your Worship, I really must protest –
Mr. Mark Knowles: Will my friend sit down.
The Mayor: The learned Counsel –
Mr. Martyn Mowll: I wish this gentleman to confine himself to the notice
of opposition which he has given.
Mr. Mark Knocker: I am submitting my case to the Bench within the lines
of my notice, and the evidence that I propose to give as to why this
license is not required. I contend that the fact that a license has
changed hands frequently, is the best proof that the house is not wanted
in the neighbourhood. If you do not wish to have that evidence I will
not press it; but I submit that there is nothing more clearly to the
point than such evidence.]
The Mayor: Go on, we are prepared to hear you.
Mr. Mark Knowles: I simply wish to impress on your Worships this point,
that the repeated changes of the occupants of this house, the knowledge
of which is before the Court, is evidence that you should not renew it.
The Magistrates' Clerk: What evidence do you offer on that point?
Mr. Mark Knowles: It is within the knowledge of the Court.
The Magistrates' Clerk: The Magistrates can only adjudicate on evidence
given before them on oath.
Mr. Mark Knowles: Then I will, without further occupying your time, call
my witnesses.
James Gray, having been sworn, in reply to Mr. Knowles said: I delivered
the notice now produced to the postal authorities, addressed to G. Long,
at the “Sportsman Inn,” Charlton Green, and it has not been returned
through the post.
The Magistrates' Clerk then read the notice of objection, the ground of
objection to the renewal being that the license is not required by the
neighbourhood. The notice was signed by G. Wilkie, who was in Court.
The Magistrates' Clerk: Is that Mr. Wilkie's signature?
Mr. Wilkie: No, that is a copy, the original was served on the holder of
the license as proved.
The Magistrates' Clerk: It is usual for the original, and the copy to be
signed.
Mr. Mark Knowles then stated that there were changes in the ownership of
the “Sportsman Inn” in 1882, 1884 twice, 1885, 1886 twice, 1888 twice,
in 1889 and 1890, and he called Superintendent T. O. Sanders, whom he
examined as follows:-
Was the license of this house transferred in January, 1882?
The register will tell that, I cannot tell from memory. If I had known
that I was going to be asked this question I could have prepared for it.
The documentary evidence is in your possession, and I am only following
the usual course in asking this question; but I will ask you generally
if the ownership of this house has not frequently changed?
Several times it has changed hands.
In cross-examination by Mr. Mowll, the witness said that the house had
been conducted in a proper manner. He could not say that a change of
hands was evidence that a house was being well conducted. No doubt if a
landlord would encourage all sorts of persons he might sell more beer in
some cases; in other cases the rough trade would drive the respectable
trade away. There were four houses in the neighbourhood, the “Sportsman”
the “Rose,” the “Grapes,” and the “Red Lion.” He could not say which was
the best house; the “Sportsman” was the newest, but some people liked
the old houses best. In 1882 this house received the special
consideration of the Bench, and on that occasion the license was renewed
and at an adjournment at Broadstairs.
Mr. Mark Knowles: I will not put Mr. Wilkie into the box now, so that
will be the whole of the evidence.
Mr. Martin Mowll: I don't wish to lead this gentleman into a trap; but I
should like to know if he has definitely closed the case or not.
Mr. Knowles: I said I had closed my case.
Mr. Mowll: Then I must first contend that he has not proved his notice;
the gentleman should have put Mr. Wilkie into the box to prove that he
was a person capable of objecting to this license. Who signed the
notice? That has not been proved. I must take the ruling of your Worship
on this point before going into the merit of the case.
The Mayor: The consideration of our decision will be adjourned until all
the cases have been heard.
Mr. Mowll: I have a good answer on the merits of the case, but I first
take this preliminary objection that the notice has not been
sufficiently proved.
The Magistrates' Clerk: I think the notice has been sufficiently proved.
Mr. Mowll: There is no evidence that Mr. Wilkie is a ratepayer.
The Magistrates' Clerk: I don't think that evidence is necessary. If you
or Mr. Knocker can show me that I am wrong, I shall be glad to put
right.
Mr. Mowll: I see the clause says “any person.”
After some further technical points had been discussed, Mr. Mowll argued
on the merits of the case, and there was no ground for refusing this
license. The house was well conducted, and it was the best house in the
neighbourhood. It was true that there had been changes in its
management, but he contended that that was evidence of a desire to
conduct the house properly.
The decision of the Bench was reserved to the end of the sitting.
BOWLING GREEN TAVERN
This license was opposed by Mr. Mark Knowles, on behalf of the
Temperance Council, the notice of objection served to the landlord,
Henry Pinnock, being that “the license is not needed in the
neighbourhood, and that you are not a fit and proper person to hold a
license, and that you have been convicted of keeping the house open for
that sale of liquor during prohibited hours.”
Mr. Wollaston Knocker appeared on behalf of the owner of the house to
support the renewal of the license.
Mr. Wilkie, Secretary of the Dover Temperance Council, having affirmed
in lieu of taking the oath, being a member of the Society of Friends,
produced an ordnance plan of the locality, with the existing public
houses marked thereon. He said: I know the locality of the house in
question. There are several other houses near, the “King Alfred” on
Durham Hill, about 50 yards away, the “Half Moon” in Blucher Row, about
30 yards away. There is the “Cause is Altered” in Queen Street, and the
“Ordnance Arms” in Queen Street.
Cross-examined by Mr. Knocker: Have you measured the distances that
these houses are apart?
No.
Then you only speak of the distances from what you have been told?
I have measured them on the plan.
You object to this license conscientiously, of course?
Yes.
You are a total abstainer, I suppose?
Yes.
How long have you been in Dover?
Almost two years. (A laugh).
The Mayor: I must have order. If there should be any more demonstration
I will have the Court cleared.
Cross-examining continued: Do you object to public-houses generally?
I suppose I do.
Do you object top publicans receiving compensation for giving up their
licenses?
That is a question which I should not like to answer with a single yes
or no without some explanation.
The Mayor: Better pass that over, Mr. Knocker.
Do you know that the population has largely increased since this license
was granted?
Do you mean during the past year?
No, I mean, has not the population increased since this license was
originally granted?
I have no doubt that the population has increased.
Then the necessity for these houses has increased?
It would be commonly considered so.
I think you are a schoolmaster, Mr. Wilkie?
I am.
And you have opened a school next door to another, have you not?
No, there is another house, a public road, and a playground between. The
other school is a considerable way up.
[At this point there was again a demonstration of feeling in the back
of the Court, and the Mayor again severely reprimanded the persons who
were making the demonstrations.
You would not like your school to be done away with on the ground that
there were too many?
I suppose that that would come on itself if there were too many.
Mr. Mark Knowles: Schools are not regulated by licenses like the drink
traffic.
Police-constable Hughes was next called. He said: I recollect giving
evidence against the landlord of this house for having his house open
for the sale of drink during prohibited hours, that is at one o'clock in
the morning on the 10th February.
An argument here arose as to whether the evidence of the Policeman was
sufficient in this case.
Mr. Mark Knowles contended that it was only necessary to refresh the4
memory of the Court, as the facts were within their own knowledge.
Mr. Mowll contended that the record of the conviction should be
produced.
Ultimately the record of the conviction was produced and read by the
Clerk, to the effect that the landlord of the “Bowling Green Tavern” was
convicted on the 13th February of keeping open house during prohibited
hours, and was fined 20s. and costs. The conviction was not recorded on
the license.
Mr. Knowles said that that completed the case.
Mr. Knocker: I appear for Messrs. Leney and Co. The Bench will recollect
that the ground on which you are asked to refuse this license in the
first place is that it is not needed in the neighbourhood, but your
Worships having made a statement as to your intended future action in
that matter, I need not dwell at length on the number of houses in the
neighbourhood. With regard to the second point, that he is not a fit
person to conduct a public-house, there has been no evidence given as to
his character, except that there was a conviction against him.
The Magistrates' Clerk: It has been held that the fact of there being
one conviction against the owner of a public-house is not evidence of
bad character generally.
Mr. Knocker: I am much obliged to you. It is also a fact that in this
case the license was not endorsed, so that the Bench must have
considered that the fine of 20s. was a sufficient punishment. It is a
custom in such cases for the landlord of the house to be called up at
the Licensing Sessions that he may be cautioned to keep his house better
in future; and I ask the Bench to adopt that course in this case. If
they departed from their usual rule in this case, the owners of the
house would be put to great disadvantage. It was well known to the
occupants of the Bench that Messrs. Leney and Co. were anxious that
their houses should be conducted properly, and if the sense of the Bench
had been marked by the endorsing of the license that the man was not fit
to keep the house, they would have obtained another tenant; but the
license not having been endorsed, I ask the Bench to follow their usual
course, and grant the license after cautioning the occupier.
The decision was deferred.
THE DUKE OF CAMBRIDGE
The license of this house was also objected to by Mr. Mark Knowles on
behalf of the Temperance Council, and notices had been duly served, but
he said he would not go into the case fully, so as not to occupy the
time of the Court. The case was well within the knowledge of the Court,
and they had the power to deal with it.
The Magistrates' Clerk: You must go on and prove your notice or abandon
it.
Mr. Knowles: Then I will withdraw. I do not wish to increase the agony.
THE MARQUIS OF WATERFORD
Mr. Knocker: I oppose in this case on behalf of the Watch Committee.
Mr. Knowles: I oppose also.
Mr. Mowll: I appear for the owner and the occupier.
The Clerk to the Magistrates: Counsel have pre-audience.
Mr. Knocker: But perhaps in this case I may be allowed to be heard first
as I am about to apply for an adjournment.
Mr. Knowles: I have no objection.
Mr. Knocker: The ground on which I ask for pre-audience is that I am
going to ask for an adjournment. I have been instructed by the Watch
Committee to oppose the renewal of the whole of the licenses which have
been endorsed, but in this particular case I ask for an adjournment,
because notice of appeal has been given against the conviction, and
endorsement; therefore, the case being subjudice, I suppose that there
should be an adjournment until after the Quarter Sessions which the
Recorder has agreed to hold earlier so that this matter may be settled
before the end of September.
Mr. Knowles thought it best to proceed with the case.
Mr. Mowll, on behalf of his client, strongly objected to the
adjournment. He was fully prepared to go into the case on its merits at
once.
The Magistrates retired to consider the point, and on returning to Court
the Mayor said that they had determined to go on with the case.
Mr. Knocker: then, as far as I am concerned, I must withdraw from the
opposition.
Mr. Knowles: As far as I am concerned I shall go into it.
The notices of objection were formally proved.
Mr. Wilkie was called to prove that he signed the notice.
Being cross-examined by Mr. Mowll he said he did not think that this
license was required.
The record of the conviction was put in, to the effect that the house
was open from 8 a.m. till 10 a.m. on Sunday, the 12th of July last, and
that the conviction was endorsed on the license.
Mr. Mark Knowles said he must submit that this was a case in which the
Magistrates ought to exercise their power, and refuse this license. He
could not see what the appeal had to do with the matter. The Magistrates
had absolute discretion and power in the matter. It was a gross case, a
person was seen going backwards and forwards seven times on a Sunday
morning in this house.
Mr. Mowll objected that there had been no evidence of this.
Mr. Knowles said that it had been clearly proved before the Bench in
July.
Mr. Mowll objected to the learned Counsel making a speech on matters not
given in evidence.
Mr. Knowles said he was only refreshing the judicial memory by
mentioning things within their own knowledge.
Mr. Mowll then addressed the Bench, after which he called Mr. Archibald
Wilson, who said he had known Mr. and Mrs. Findon for 25 years. They
bore a good character. He did not know anything about the house because
he never went there, but he never heard anything against it before.
The decision in this case was reserved.
THE KHEDIVE
Objections were taken to the renewal of the license of this house, both
by Mr. Knocker on behalf of the Watch Committee and Mr. Mark Knowles on
behalf of the Temperance Committee.
The notice in this case had been sent by registered letter, but it had
been returned through the post.
Mr. Mark Knowles said that the holder of the license did not appear in
Court to apply for the license, therefore, he took that the license
would lapse; there was no application for the renewal.
Mr. Mowll said he appeared for the owner of the house and also for the
present occupier, Mr. Joyner, and he asked under the decision in the
case of Regina v. the Justices of Lancashire, that the license should be
granted to Joyner.
James Joyner, the man in occupation was then called. He said: I am the
occupier of the house called the “Khedive.” I apply for the renewal of
the license to me as occupier.
In reply to the Bench, the Superintendent of Police said he knew nothing
against Joyner's character. He had conducted several licensed houses
for different people in the town.
Mr. Knowles objected to a new tenant being sprung upon them without
notice in that way.
Mr. Mowll strongly objected to any interference, and contended that Mr.
Knowles had no right to be heard.
The Mayor: I am of opinion that you have no locus standi,
(In law,
standing or locus standi is the term for the ability of a party to
demonstrate to the court sufficient connection to and harm from the law
or action challenged to support that party's participation in the case)
no notice having been proved.
Mr. Knowles: I could not prove any notices. This is absolutely a new
department.
The Mayor:' I am advised that you have no locus standi, and cannot be
heard.
Mr. Knowles: I would call the Magistrates' attention to this –
The Mayor: I must ask you to sit down.
Mr. Knocker: I should like to ask how long this man has been in
occupation of the house.
Mr. Mowll: my case is closed. The time has gone for asking my witness
questions.
Mr. Bradley (one of the Magistrates): I should like to know how long
this man has been in occupation.
The Mayor: How long have you been in occupation of this house, Joyner?
Joyner: about a week or fortnight.
The Mayor: Selling?
Joyner: No.
Mr. Mowll: Of course he could not sell.
Mr. T. V. Brown: Were the shutters down and the front doors open?
Joyner: Yes, the front door was open.
In reply to other questions, the man said he was the caretaker of the
house. He had no agreement as a tenant.
The Mayor: We will decide this later on.
THE MITRE
The objection in the case of the “Mitre Tavern” was withdrawn.
THE NORTHAMPTON ARMS
In the case of this house, the license of which had been endorsed, Mr.
Knocker appeared to oppose on behalf of the Watch Committee, and Mr.
Mark Knowles on behalf of the Temperance Council.
The formal service of the notices on G. T. Godfrey, the landlord was
proved by Mr. Mark Knowles, who called James Gray for that purpose.
Mr. Minter said he appeared for the owner of the premises, Mr. Barker,
to ask that the present license should be transferred from Godfrey, the
present holder, to Beaumont, in accordance with the application
adjourned from the previous Friday.
The Magistrates' Clerk said that probably they would hear the two
applications together.
Mr. Minter urged that the transfer should be taken first.
The Mayor said the Magistrates had decided to take both applications
together.
A lengthy argument at this point then followed, after which the Court
adjourned to lunch, and on coming into Court again, it was announced
that the Magistrates had decided to adjourn the whole question both of
the transfer and the renewal of the license till the Broadstairs meeting
in September.
THE NEW HOTEL LICENSE
There was an application made by Mr. Frederick Finnis, for a provisional
license for a new hotel to be constructed or converted out of Nos 1, 2,
3, and 4, Wellesley Terrace, facing the Granville Gardens. Mr. Martyn
Mowll appeared to support the application, Mr. Minter apposed on behalf
of the Licensed Victuallers, Mr. Armstrong of London, apposed on behalf
of Mr. Walter Day Adams, Townwall Street, and Mr. Mark Knowles apposed
on behalf of the Temperance Council.
Mr. E. W. Spain was called to prove the notices. He said he served the
notices on Mr. J. H. Cooper, overseer of St. James', and on
Superintendent Sanders, and he had seen the notice maintained on a
conspicuous part of the premises in question, and on the New and Old St.
James' Churches, on the Sundays 9th and 16th August, 1891. He also had
the notice advertised in the Dover telegraph on the 5th August, and in
the Dover Express on the 7th August. He also stated that the gross
rating of the property in question was as follows – No. 1, Wellesley
Terrace, £130; No. 2, £110; No. 3, £120; No. 4, £130; the rateable value
for the four was £407.
Plans of the proposed building were put in.
Mr. F. Finnis was next called. He said: I reside at 12, Guildford lawn,
and I am a timber merchant. I apply for the provisional license to
enable me to open this hotel, which is to be constructed at Wellesley
terrace, according to these plans. Our estimate of the cost of the hotel
is £20,000. From my knowledge of Dover I think this hotel will be a very
great boon to the town.
Cross-examined by Mr. Mark Knowles: The nearest licensed house is about
200 yards away. There may be three public-houses within 300 yards away.
This would be a residential hotel, such as there was not at present in
the town.
Are you going to have a tap attached to it?
Yes, I suppose we shall; we do not propose to pump our own water.
Oh! You know well enough what I mean; I am not dealing unfairly by you,
and I will not allow you to make fun of me.
Mr. Mowll: You will see exactly what is intended by the plans before the
Court.
Mr. Mark Knowles (continuing his cross-examination): Are you going to
have an open bar?
It is not my intention to have an open bar where people may come and ask
for a glass of beer, but I suppose you may apply at the “Lord Warden
Hotel” for a glass of beer the same as at a public-house.
Do you intend to have any particular part of these premises set aside as
a bar?
There is to be a luncheon room apart from the coffee room, but we do not
intend to have an actual bar set out with three pretty barmaids at the
back. The intention is that the place should afford refreshment to
visitors.
Is there not ample accommodation already for visitors at hotels in the
neighbourhood?
I don't know that there is within reasonable distance a place where a
visitor could have a sandwich and a glass of beer.
Are there not three such hotels close by?
I do not think there is one near to which you could take your wife.
As a matter of fact I never take my wife to an hotel of any sort; you
are quite right there. (Laughter.)
Mr. Armstrong here objected to the delay by speech making; he had come
from London to oppose this license, and wanted to get back.
Mr. Mowll: If only these opposing gentleman are set by the ears we shall
be all right.
Mr. Knowles said he only wished to ascertain, not having seen the plans,
what was the character of the house that they were asking a license for.
There was no necessity to jump down anyone's throat, and he was
surprised at a gentleman from London doing it. (Laughter.)
The plans were then handed over, and Mr. Finnis, in reply to the Court,
said the scheme included the four houses, Nos. 1, 2, 3, and 4.
Mr. Knowles (continuing his cross-examination): It is not intended to
have a common bar?
What do you mean by a common bar?
There would be no difficulty in altering one of the sides shown on the
plan so as to have a common bar, would there?
There would be no difficulty at all; but it would not be very attractive
as it would be in the basement, underground.
Look at the elevation. Would it not be possible to afford access to the
coffee room?
Of course it is convertible to anything you please.
Cross-examined by Mr. Minter: Do you say that there is no other hotel in
the neighbourhood fit for visitors?
I do not wish to speak disrespectfully of other establishments, but I
believe there is no other of this class.
Do you say that there is no accommodation at all in Dover of this class
for visitors?
I think I am speaking rightly in saying that there is no hotel in Dover
of the class I am speaking of, with a table d'hote or a place where you
could bring your wife or daughter from Friday till Monday.
Is there not accommodation more than enough in Dover for all visitors?
Do you mean to say that all the best hotels and places are now full?
I think they are doing a very good business. I do not think there is any
other hotel offering the accommodation that we shall offer at this.
Is there not a building at the present moment licensed called the
“Imperial Hotel?”
There is, but ours would be different from that.
Cross-examined by Mr. Armstrong: I suppose you do not intend to alter
the present premises till you get your license?
No.
What is your interest in these premises?
My interest is a joint interest with my brother as the lessees of Nos. 1
and 2.
Is it your brother who is a Justice of the Peace that is interested in
this property?
Yes.
Now who is the lessee of No. 4?
Mr. Alexander Bottle.
A capital name for the holder of a license. He is a Justice of the
Peace, too, is he not?
Yes, and a chemist.
Do you intend turning this undertaking into a company? You do not think
the “Imperial,” which is already in existence, would do?
I don't think it would.
Do you suggest that there is no table d'hote in Dover except the one
that is to be provided at this hotel?
I don't state that it is an absolute fact, but I have resided in Dover
for thirty-six years, and I am not aware of any table d'hote unless it
be at the “Lord Warden Hotel.”
Are there not several houses affording the accommodation you mention in
the immediate neighbourhood?
Not that I am aware of. There are several public houses.
Is not the “Shakespeare Hotel” within 160 yards?
I should have thought it over that.
And the “Sussex Arms” within a hundred yards, is it not?
I cannot say. What street is it in?
Oh! You say you have lived in Dover for thirty-six years, and you are
evidently a young man that goes about. Is not the “Sussex Arms” in
Townwall Street, within a hundred yards of this house?
It may be.
And is there not in Townwall Street the “Robin Hood” within ninety
yards, the “Liverpool Arms” and the “Granville Arms” within forty yards?
They may be.
And is there not in the same street the “Imperial Hotel,” containing 400
rooms, unoccupied?
Yes.
Perhaps you would like to see the proposed front elevation of the
proposed hotel, and compare it with the “Imperial Hotel.”
No, thank you; I have no particular interest in it.
What do you say that your interest or joint interest in these premises
is?
It is a joint interest with my brother in Nos. 1 and 2.
Are you the freeholders?
No, leaseholders; it is leasehold property.
You have no interest in 3 and 4?
We have no actual interest, but we have provisional contracts nor
purchase if we wish.
State what your interest in Nos. 3 and 4 is?
We have no offer to purchase at specific prices.
If you can get this licence I suppose?
There is no mention of the license.
Is the contract in writing?
In one case it is in writing and in another case it is verbal.
When were these provisional agreements as to 3 and 4 put into writing?
There is no writing in the one case. The present lease holder of no. 3
is Mrs. Field, widow of the late Lieut.-General Field.
And what is your interest in that?
I have a letter from her agent giving us the offer of the property at a
specified price.
That is if you get the license?
Not at all.
Then as to No. 4, is that the property of Mr. Alexander Bottle, the
Justice of the Peace?
Yes, of Mr. Bottle, Chemist, Townwall Street.
Mr. Mowll said that Mr. Tree, the Architect, was present, and would
explain the plans if the Magistrates wished to ask any questions.
No questions were asked of the Architect.
Mr. Mowll then addressed the Bench. He said his application was for a
provisional license, which meant that if the application was granted the
Magistrates would sign the plans presented, and if the hotel were
completed in accordance with those plans, the license would in due
course be confirmed. There were opposed to the license three gentlemen
representing different interests. The learned Counsel represented the
temperance Party, Mr. Armstrong represented Mr. W. D. Adams, the holder
of a license in Townwall Street, and Mr. Minter, the Licensed
Victuallers. He could not see what ground the owners of the surrounding
houses had to object to this new hotel. Mr. Adams was the proprietor of
a place where they sold nothing but drink, and he did not think the
other houses around were in the habit of supplying anything but drink,
therefore there was no ground for their opposing this hotel which was
intended for visitors. The rateable value of the premises would of
itself be a sufficient guarantee that it would not degenerate into a
drinking bar. They all objected to intemperance, and the Bench had
declared their opini9on that there needed a decrease of public houses in
the town, but he thought that this was a case of house that even the
Temperance Party could not object to. The “Imperial Hotel” had been
referred to, but that was ten times too big for the necessities of the
place, and was not so well situated as these premises.
Mr. Mark Knowles, on behalf of the Temperance Council, urged the Bench
not to grant the license. The refusal would not entail any loss on the
applicant as he had spent nothing on the building; there had been no
case made out that the house was needed, and he thought the Magistrates
would be well advised if they refused the license.
Mr. Minter said that the Licensed Victuallers, whom he represented,
thought that there were sufficient licensed houses in Dover, and the
Magistrates, by their declaration made that morning, seemed to be of the
same opinion, therefore he trusted that the bench would not stultify
themselves by granting this application. There was not the slightest
necessity for this house shewn; there did not, in fact, the slightest
necessity exist, and as Mr. Finnis was very well-known to all the
gentlemen on the Bench, they would be acting as his truest friend if
they refused this license and saved him his £20,000.
Mr. Armstrong, in addressing the Bench, contended that Mr. Finnis had no
interest in a portion of the property for which he was asking for a
license; in one case he had only some one's verbal offer, and in the
other a letter which he had left at home. AQ question had been asked if
there was to be a tap, and he disclaimed that all intentions of having
one. That is what they were in the habit of telling the Magistrates in
London when they applied for a license for a house of this character.
They never admitted when applying for the license, that they should have
a tap, yet they all did it. (Laughter.) He trusted that the Bench would
refuse this application, and not stultify the resolution they had
announced that morning by granting a new license for a public house.
Mr. Mark Knowles, on behalf of the Temperance Council, asked for
permission to put in a memorial from inhabitants of the district,
objecting to the granting of the license.
The Mayor: We cannot take anything but sworn evidence.
The Magistrates' Clerk: Then the memorial cannot be put in unless it is
proved on oath.
Mr. Mark Knowles said it had been the practice of these Courts for many
years to receive memorials on the question of granting new licenses.
The Mayor: We will give our decision in this case with the others.
After some reference to cases from the Liberties, which were
subsequently adjourned to the Broadstairs meeting, the Magistrates
retired at 3.40, to consider the whole of the cases, and after an
absence of ten minutes, they returned to the Bench, when
The Mayor said: I will now read the decisions of the Magistrates in the
following cases:-
The “Sportsman Tavern,” license granted.
The “Bowling Green Tavern,” license granted.
The “Duke of Cambridge,” license granted.
The “Marquis of Waterford,” license granted.
The “Khedive,” license refused.
The “Mitre,” license granted.
The “Northampton Arms,” adjourned to Broadstairs.
The license for the new hotel applied for by Mr. Finnis, granted.
Mr. Martin Mowll: may I ask on what grounds you have refused to renew
the license for the “Khedive?”
The Mayor: I understand it is the duty of the Magistrates to give
decisions and not reasons.
Mr. Mowll: There are certain cases where the persons interested are
entitled to ask on what ground the license is refused.
The Magistrates' Clerk: This is not one.
The granting of some early opening permits and dancing and singing
licenses concluded the proceedings.
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